When You Need a CJ Request
A Commodity Jurisdiction (CJ) request is appropriate when there is genuine uncertainty about whether an item is controlled under ITAR or EAR. Common scenarios include items with both military and commercial applications, components that could be used in either defense or commercial systems, and technology that incorporates both controlled and uncontrolled elements.
CJ requests are submitted to DDTC under 22 CFR §120.4. The determination is binding and provides legal certainty about which regulatory framework applies. However, you should attempt to determine jurisdiction independently before submitting a CJ request — DDTC does not intend the CJ process to be a substitute for reasonable compliance efforts.
The CJ Request Process
Submit a CJ request through DDTC's online portal with a detailed description of the item, its technical specifications, its function, and your proposed jurisdictional determination. Include any military or commercial applications, the item's development history, and whether it incorporates any USML-controlled components.
DDTC will review the submission and may request additional information. Typical processing time is 60 days, though complex cases may take longer. The response will indicate whether the item is USML-controlled (and which category) or CCL-controlled (and may suggest an ECCN).
After the CJ Determination
Once you receive the CJ determination, you must comply with the applicable regulatory framework. If the item is determined to be ITAR-controlled, you must handle it under ITAR procedures. If it is EAR-controlled, classify it on the CCL and follow EAR requirements.
CJ determinations can be appealed if you disagree with the result. Keep the determination letter in your records as it serves as evidence of your compliance efforts and provides safe harbor for export decisions based on the determination.